Ishfaq Alam @ Md. Ishfaq Alam v. The State of Bihar
Case brief
What is this about?
Patna High Court, Criminal Miscellaneous No.25823 of 2024, oral order dated 09-05-2024 by Hon'ble Mr. Justice Rajesh Kumar Verma. Anticipatory bail allowed to Ishfaq Alam @ Md. Ishfaq Alam, Mustafa Miyan @ Mustafa Alam @ Mima and Munna Miyan @ Md. Murtaza Hussain in Islampur P.S. Case No.713 of 2023 (FIR dated 21.12.2023, G.R. No.4105 of 2023), Thana Islampur, District Nalanda, under Sections 147/149/341/323/324/307/379/504/506 IPC. Key ground: no specific allegation of assault or overt-act against petitioners; general and omnibus allegations. Relief: release on bail on furnishing bail bond of Rs.10,000 each with two like-amount sureties before A.C.J.M., Hilsa, Nalanda, subject to Section 438(2) CrPC and additional conditions; bail bond acceptance not to be delayed for verification. Advocates: Ravi Shanker Pankaj for petitioners; Abhay Kumar Roy, APP for the State.
What did the court decide?
Anticipatory bail granted. Petitioners, in the event of arrest or surrender before the court below within thirty days from receipt of the order, to be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Hilsa, Nalanda, in connection with Islampur P.S. Case No.713 of 2023 (G.R. No.4105 of 2023), subject to Section 438(2) CrPC conditions and further conditions: (i) cooperation in trial and physical presence on each date fixed, failing which on absence on two consecutive dates without sufficient reason bail bonds to be cancelled; (ii) liberty to prosecution to move for cancellation of bail on tampering with evidence or witnesses; (iii) court below to verify criminal antecedents and take steps for cancellation of bail bond if antecedents concealed; acceptance of bail bonds not to be delayed for purpose of or in the name of verification.